Federal Network Agency's AgNes draft determination: Planned changes in network tar-iffs for generators, storage and electrolysers

On 6 August 2026 the German Federal Network Agency (BNetzA) released its draft determination (German text here) in the so-called AgNes proceedings (standing for "Allgemeine Netzentgeltsystematik Strom" or "general network tariff system for electricity"). This further details the considerations for new rules for power generating plants, storage facilities and electrolysers that were presented in May 2026. Particularly relevant elements for project developers and operators include the feed-in tariffs and storage network tariffs as well as the conditions for protection of legitimate expectations for existing facilities as well as facilities that are already planned. The planned specifications may significantly impact the economic viability and financing of energy projects and therefore should already be incorporated into investment and project plans.

In our article "Update on AgNes proceedings", we explain the fundamentals of the proceedings and the considerations presented by the Federal Network Agency in May 2026.

Federal Network Agency's draft determination details new network tariff system

The objective of the AgNes proceedings is to introduce a new network tariff system from 1 January 2029 to replace the provisions from the German Electricity Grid Charges Ordinance (StromNEV) that are currently in effect. The draft determination that has just been published provides a first insight into how the corresponding provisions precisely could be formulated. The draft determination was preceded by a series of discussion papers, consultations and expert workshops, in which different aspects of the new network tariff system were debated. The Federal Network Agency incorporated the findings from these into the draft determination, while further refining them in some places.

At the heart of the future network tariff system is the distinction between tariff components with a financing function and tariff components with an incentive function:

• Tariff components with a financing function are intended to refinance the network costs sufficiently and avoid disincentives as much as possible.
• By contrast, tariff components with an incentive function are intended to influence investment and deployment decisions with the aim of internalising more network cost effects. This is to be implemented using dynamic network tariffs.

The Federal Network Agency is aiming to establish a holistic network tariff system and is taking various stakeholders into account:

• For network operators, the rules on distributing network costs between the network levels ("cost cascading", or "Kostenwälzung") and on calculating and collecting network tariffs are particularly relevant. Certain information, transparency and documentation obligations are also imposed on them.
• With respect to consumers, a distinction is made between voltage levels. Prosumers are subject to specific requirements in this regard.
• Particular specifications apply to power generating plants, storage facilities and electrolysers. 
• Transitional provisions are envisaged for major industrial consumers until a separate determination is issued.

Besides that, the draft determination regulates various specific constellations, particularly "pooling", in which multiple withdrawal points are combined to calculate the network tariffs.

This article primarily addresses the particular requirements for power generating plants, storage facilities and electrolysers. The changes for consumers, industry and network operators will be highlighted in a separate article to be released shortly.

Federal Network Agency's draft determination: New feed-in tariffs and protection of legitimate expectations for generators

As previously announced, the draft determination provides for protection of legitimate expectations for existing power generating plants and projects that are already far advanced. They are to remain exempted from network tariffs with a financing function for a period of 20 years from commissioning as long as certain conditions are met. However, protection of legitimate expectations applies only to power generating plants

• that were commissioned before the final AgNes determination is published (planned for 1 January 2027) or
• for which a final investment decision (FID) has been reached before the final AgNes determination is published (planned for 1 January 2027) and which are commissioned by 4 August 2029 at the latest. 

The draft determination now defines the term commissioning (Inbetriebnahme) for the first time. Commissioning means "putting a power generating plant into service as provided for under the respective sector-specific energy legislation, in the version applicable to the power generating plant; trial operation does not constitute commissioning; replacing the generator or other technical or structural parts after initial commissioning does not cause the commissioning date to change". This is a departure by the Federal Network Agency from the previous provision under section 118 (6) sentence 6 German Energy Act (EnWG), according to which a plant commissioned the first time it draws power for trial operation. Project developers and plant operators must take the resulting delay into account when planning construction so that they do not risk losing network tariff privileges.

The Federal Network Agency has also made another slight amendment to the definition of the FID previously indicated to make it more precise. A FID is deemed to have been reached if "binding orders of components that cover at least half the investment volume are made and it is not possible to withdraw from the contracts closed for this purpose without significant financial loss". The Federal Network Agency had previously indicated that it was sufficient for the FID if only "approximately half of the investment volume" is covered. The Federal Network Agency is now raising this financial threshold. Regarding the question of when it is no longer possible to withdraw from the contracts entered into without significant financial loss, according to the Federal Network Agency's considerations contractual penalties (Vertragsstrafen) and imminent consequential losses (drohende Folgeschäden) in particular are to be taken into account. The Federal Network Agency has set a benchmark of 25 % of the investment volume for whether the financial loss is significant. Another new obligation is that plant operators must provide evidence of their FID to the competent network operator by 31 March 2027. Project developers and plant operators must take all these aspects into account in their planning.

A special provision applies to public calls for tenders which in the event of a successful bid stipulate an obligation to realise the contract, backed by contractual penalties. For the power generating plants that receive a successful bid under such a call for tenders, the date of the investment decision is deemed to be "the date of the tender deadline after which the submitted tender can no longer be rescinded". If the actual realisation is not planned until after 4 August 2029, this is not detrimental. 

The previous exemption from network tariffs is revoked for all other new facilities with an installed gross capacity of over 30 kW. Instead, a financing tariff consisting of a capacity price (EUR per kilowatt) only is incurred from the first day (a "feed-in tariff"). The Federal Network Agency has now specified the calculation methodology, stipulating that the feed-in tariff is determined by the transmission system operators so as to be the same across Germany. A rolling five-year average is applied to absorb price surges. The tariffs are invoiced on the basis of the contractually agreed feed-in capacity by the respective connection network operator, which in turn passes the collected tariffs to the transmission system operators. Plug-in solar devices as well as prosumers subject to special regulations are exempted from the new feed-in tariffs so that they are not charged twice.

The new feed-in tariff means that power generating plants will be charged network tariffs for the first time beginning in 2029, which will have a considerable impact on their economic viability. To date project developers and operators have typically relied on the 20-year exemption from network access charges in their cost calculations. The provisions on protection of legitimate expectations are therefore crucial for plants that are still in the planning stages. In the case of these plants, things will depend on whether the FID has already been reached before the final AgNes determination is published (planned for 1 January 2027). Particularly if a plant was not expected to go into operation until later, it will be necessary to assess carefully whether the FID can be reached earlier than previously planned or whether the cost calculation needs to be redone to include payable network tariffs.

However, the precise arrangement of the announced dynamic network tariffs remains unclear and is to be introduced by a separate determination. Nevertheless, the draft determination already states that operators of power generating plants above the low voltage will have to expect dynamic network tariffs, by 1 January 2035 at the latest, but not before 1 January 2032. Operators of offshore wind turbine generators, however, are to be exempt from dynamic network tariffs.

Federal Network Agency's draft determination: Distinction between grid-connected and plant-connected storage facilities

With the individual storage network tariffs under section 19 (4) German Electricity Grid Charges Ordinance (StromNEV) and the tariff exemption under section 118 (6) German Energy Act (EnWG) expiring, new provisions are required for electricity storage facilities. These are also intended to benefit from protection of legitimate expectations and remain exempt from network tariffs with a financing function for 20 years from initial commissioning. The exemption from network tariffs is to apply to storage facilities

• that have already gone into operation after 4 August 2011 but before the final AgNes determination is published (planned for 1 January 2027) or 
• for which an FID has already been reached before the final AgNes determination is published (planned for1 January 2027) and which are put into operation by 4 August 2029 at the latest. 

Deviations apply to pumped storage facilities, as they did previously under section 118 (6) sentence 2 and sentence 4 German Energy Act (EnWG). They will enjoy the exemption for a maximum of 10 years from the first expansion, but only if the FID to expand is reached before the final AgNes determination is published (expected for 1 January 2027). In all cases, it is necessary to provide evidence of the FID to the competent network operator by 31 March 2027. The time the FID is reached is determined under the same principles as for a power generating plant.

Besides, the distinction between grid-connected and plant-connected storage facilities remains in place. Operators of grid-connected storage facilities – like those of power generating plants – must pay an annual capacity fee of an amount equal to that of the feed-in tariff. Plant-connected storage facilities by contrast are to be treated with regard to network tariffs together with the final consumption plant or power generating plant with which they are connected. The Federal Network Agency calls this a "Schicksalsgemeinschaft", or "community with a shared destiny" with regard to network tariffs. However, no consumption-based price (Arbeitspreis) is to be paid for electricity that is drawn from the network, stored and then fed back into the network provided that it is technically possible to distinguish between the amounts of electricity in question. If it is not possible to distinguish between the amounts of electricity with legal certainty, the consumption-based price is to be paid for all electricity collected at the network connection point.

As with power generating plants, the network tariff exemptions and the related provisions to protect legitimate expectations for storage facilities are of particular commercial importance. This is another area in which project developers and operators need to incorporate the new requirements of the Federal Network Agency early into their scheduling and commercial plans for plants already in the planning stage, so that they do not run the risk of having to pay network tariffs with a financing function beyond their previous plans. 

Even though the precise details of the dynamic network tariffs still depend on a future determination, operators of storage facilities – regardless of the exemption provisions mentioned above – need to expect (additional) dynamic network tariffs by 1 January 2033 at the latest, but not before 1 January 2030.

Federal Network Agency's draft determination: Privileges concerning financing tariffs for electrolysers (only) when producing green and low-carbon hydrogen

The previous full exemption from network tariffs is being removed for electrolysers, just as it is being removed for power generating plants. In future, whether network tariff privileges apply is to depend on the quality of the hydrogen produced. Only electrolysers that produce exclusively green or low-carbon hydrogen will be afforded privileges. A special network tariff is established for this instance, consisting of a capacity price (EUR per kilowatt) only and to be paid on the contractual grid connection capacity. Consumption-based prices by contrast will not be charged. A condition for the privileges is that certification under the Thirty-Seventh Ordinance Implementing the German Emission Control Act (37. BImSchV) is proven to the competent network operator. All other electrolysers are treated as consumers and therefore are expected to pay both a capacity price and a consumption-based price. 

The Federal Network Agency has also made provisions for electrolysers to protect legitimate expectations. An exemption from network tariffs with a financing function is to apply to electrolysers 

• that have already gone into operation after 4 August 2011 but before the final AgNes determination is published (planned for 1 January 2027) or
• for which an FID has been reached before the AgNes determination is published (planned for 1 January 2027) and which are put into operation by 4 August 2029 at the latest.

The same applies to defining the FID as does for power generating plants. Electrolysers also have to provide evidence of the FID to the competent network operator by 31 March 2027.

The final determination can already be anticipated

By issuing the draft determination, the Federal Network Agency has further detailed its overall concept to date for electricity network tariffs from 2029. The consultation procedure will now proceed until 18 September 2026. The AgNes proceedings are scheduled to conclude with the final determination being issued in late 2026, ready for the new tariff system to enter into effect on 1 January 2027.

The results of the AgNes proceedings will have significant impact on the economic viability, implementation and financing of projects. Even though there may still be changes before the final determination is issued, operators and project developers should act now to anticipate the proposed provisions to protect legitimate expectations and take account of their financial impact so that they can adapt the project development to the new framework conditions in good time.

We will keep you up to date with the further developments of the AgNes proceedings and are happy to answer your questions at any time.